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Perm Processing To Take 25 To 350 Days In Fy 2015 ?

Discussion in 'PERM modernization' started by Arnab, May 21, 2015.

  1. Arnab

    Arnab New Member

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    Hello Ron ,
    DOL has clearly set a "enhanced" ( pun intended) and convenient Performance Goal for 2015 where in they say that Normal PERMS which are not in Audit review will take 250 to 350 days in FY2015. Audits may take up to 600 days ! I think by reducing the number of PERMs adjudicated/day they are pacing themselves to meet this "new" target. The strategy is defined in the report page 56 coming straight from the Labor Secretary.

    http://www.dol.gov/_sec/stratplan/FY2014-2018StrategicPlan.pdf

    I also see a reduced processing rate in the last few weeks wherein the rate of processing has dropped from 450/day on an average to 200/day. Is this slowness to align with the now increased timelines ?

    How is this getting better when the department themselves sets targets which are severely non performant.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They have said that they want to bring all processing times, including audits and supervised recruiting, down to something in the range of six to eight months. This means that regular flow cases will take a bit longer, while audits and supervised recruiting will take substantially less time.
     
  3. Arnab

    Arnab New Member

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    Hi Ron ,
    They seem to be focussing on audit cases from 2013 a lot which is warranted. However what worries me is that they have reduced the overall rate of processing. From processing at least 400+ every day they are now down to processing hardly 200 and lesser. The overall rate is about 50% lesser that what they had in the past.Have they have diverted resources significantly elsewhere( EAD to H4 etc) ?
     
  4. Ravireddy

    Ravireddy New Member

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    Hi Ron,

    My current Visa is valid till End of Sept 2015 after which i will have used all of 6 years of H1. My company has filed Perm in Feb 2015. Given the delay and processing times I am guessing i will have to leave the country after my 6 year tenure, but i am hoping not.

    My main question is, Can i return back by filing for H1 extension in Feb 2016 as my perm filing date will be greater than 365 days. Will i have to apply for a new H1 application in CAP or Can i actually apply for Extension usingthe old H1 application.

    Thank you.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your employer may file an H petition for you as soon as your I-140 is approved or your PERM has been on file for at least 365 days. You will not be subject to the cap.
     
  6. s_gan

    s_gan Super Moderator

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    Right now they are processing application from Nov , I think you can make it.
     
  7. s_gan

    s_gan Super Moderator

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    7 months processing time is not bad. In the past it has taken more than year.
     
  8. Ravireddy

    Ravireddy New Member

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    Unfortunately The rate of approvals since last month has gone bad. Hopefully, they will speed up the process.
     
  9. Ravireddy

    Ravireddy New Member

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    Hi Ron/Gurus,

    Would reaching out to local senate help expedite Perm application.
     
  10. Ravireddy

    Ravireddy New Member

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    Ron,


    Is there any chance we can use the Old/Expired Perm application. I have approved Perm from Sept - 2013, but my employer screwed the process by not filing it within the 6 months of Perm approval.
     
  11. s_gan

    s_gan Super Moderator

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    No. You can't.
     
    Ron Gotcher likes this.
  12. shaan

    shaan New Member

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    Ron,

    I have a question on PERM processing and posting here as I couldn't find an appropriate thread. Sorry if I have missed any existing thread.
    My wife's PERM draft case was created in iCert on Sep-23-2014 but was submitted little on Oct-09-2014. Attorney didn't know that we were on vacation and went ahead and created draft case hoping to submit soon. She works for a fortune 500 company and her PERM is not approved yet. I see that DOL is processing late november cases now. She hasn't got any audit as well. Could this delay be related to advance draft creation?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I can't speak to your case because you are represented by counsel. Generally speaking, however, I've never known this to be a problem.
     
  14. shaan

    shaan New Member

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    Thanks for quick reply Ron. But what would be her PD? is that Sep-23-14 or Oct-09-14?
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    October 9th
     
  16. shaan

    shaan New Member

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    Thank you.
     
  17. mar212011

    mar212011 Well Regarded Member

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    Has anything being done to improve PERM process? for peopler who already have approved PERMS from different employers
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you are asking if someone with an approved PERM gets priority over first time filers, the answer is no.
     
  19. mar212011

    mar212011 Well Regarded Member

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    I meant to ask, are there any improvements in PERM, so the time it takes to get a new PERM can be shortened instead of a year or 9 months? for those who already have approved perms from different employer
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I have heard that the DoL is trying to work on new procedures that will speed up PERM processing. One thing will be precertification of jobs that have high approval rates. If you are in one of these, you would file an I-140 directly with the USCIS and bypass PERM entirely. Another is to streamline recruiting, and possibly shorten it. Finally, they want to try to get regular perm processing down to six weeks. Don't look for any of this to happen until the middle of next year.
     

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